#THE NORTHERN INDIA FERRIES ACT, 1878 
_________ 

##ARRANGEMENT OF SECTIONS 
________ 

PREAMBLE 

###I.—PRELIMINARY 

SECTIONS 

1. Short title. 
Local extent. 
Commencement 

2. [Repealed.]. 

3. Interpretation-clause. 

###II.—PUBLIC FERRIES 

4. Power to declare establish define and discontinue public ferries. 
5. Claims for compensation. 
6. Superintendence of public ferries. 
7. Management may be vested in municipality. 
7A. Management may be vested in District Council or District or Local Board. 
8. Letting ferry tolls by auction. 
9. Recovery of arrears from lessee. 
10. Power to cancel lease. 
11. Surrender of lease. 
12. Power to make rules. 
13. Private ferry not to ply within two miles of public ferry without sanction. 
14. Person using approaches, etc., liable to pay toll. 
15. Tolls. 
16. Table of tolls. 
List of tolls. 
17. Tolls, rents, compensation and fines are to form part of revenues of State. 
18. Compounding for tolls. 

###III.—PRIVATE FERRIES 

19. Power to make rules. 
20. Tolls. 

###IV.—PENALTIES AND CRIMINAL PROCEDURE 

21. Penalty for breach of provisions as to table of tolls, list of tolls and return of traffic. 
22. Penalty for taking unauthorised toll, and for causing delay. 
23. Penalty for breach of rules made under sections 12 and 19. 
24. Concealment of lease on default or breach of rules. 
25. Penalties on passengers offending. 
26. Penalty for maintaining private ferry within prohibited limits. 
27. Fines payable to lessee. 
28. Penalty for rash navigation and stacking of timber. 
29. Power to arrest without warrant. 
30. Power to try summarily. 
31. Magistrate may assess damage done by offender. 

###V.—MISCELLANEOUS 

32. Power to take possession of boats, etc., on surrender or cancellation of lease. 
33. Similar power in cases of emergency. 
34. Jurisdiction of Civil Courts barred. 
35. Delegation of powers. 
36. [Repealed.]. 



#THE NORTHERN INDIA FERRIES ACT, 1878 

ACT NO. 17 OF 1878
[^1]

[9th November, 1878.] 

An Act to regulate Ferries in Northern India. 

**Preamble.**—WHEREAS  it  is  expedient  to  regulate  ferries  in Uttar  Pradesh,  Punjab,  the  Central 
Provinces, Assam, Delhi and Ajmer; It is hereby enacted as follows:— 

###I.—PRELIMINARY 

1. **Short title.**—This Act may be called the Northern India Ferries Act, 1878. 

**Local extent.**— It extends only to Uttar Pradesh, Punjab, the Central Provinces, Assam, Delhi and 
Ajmer.

**Commencement.**—It shall come into force in each of the said territories on such date as the State 
Government may, by notification in the Official Gazette, fix in this behalf. 

2. *[Repeal].—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.*

3. **Interpretation-clause.**—In this Act the word “ferry” includes also a bridge of boats, pontoons or 
rafts, a swing-bridge, a flying-bridge and a temporary bridge, and the approaches to, and landing-places 
of, a ferry and “Punjab” and “Ajmer” mean the territories which, immediately before the 1st November, 
1956, were comprised in the States of Punjab and Ajmer respectively.

###II.—PUBLIC FERRIES 

4. **Power to declare establish define and discontinue public ferries.**—The State Government may 
from time to time— 

  (a) declare what ferries shall be deemed public ferries, and the respective districts in which, for 
the purposes of this Act, they shall be deemed to be situate; 

  (b) take possession of a private ferry and declare it to be a public ferry; 

  (c) establish new public ferries where, in its opinion, they are needed; 

  (d) define the limits of any public ferry; 

  (e) change the course of any public ferry; and 

  (f) discontinue any public ferry which it deems unnecessary. 

Every  such  declaration,  establishment,  definition,  change  or  discontinuance  shall  be  made  by 
notification in the Official Gazette: 

[^1]. This Act applies to the Lakhimpur Frontier Tract, and to the Sadiya and Balipara Frontier Tracts in Assam, subject to certain 
modifications, see Assam Government notification No. 442-GS & 443-GS, dated 26th January, 1940. 
The Act has been extended to the whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958 (when notified). 
It has been amended in— 

C.P. by Acts 1 of 1883, 12 of 1891, 4 of 1907, C.P. Acts 1 of 1931 and 23 of 1937; 
Punjab by Acts 20 of 1883 and 12 of 1891; 
U.P. by U.P. Acts 1 of 1914, 29 of 1948 and 8 of 1960 (w.e.f. 22-5-1960). 
Sambalpur District by Acts 1 of 1883, 12 of 1891, Ben. Act 1 of 1911 and Orissa Act 6 of 1993; 15 of 1948. 
Coorg by Coorg Act 6 of 1940; and 
Ajmer by Act 6 of 1945. 
Orissa by Orissa Act 23 of 1950. 



Provided that when a river lies between two States, the powers conferred by this  section shall, in 
respect  of  such  river,  be  exercised  jointly  by  the  State  Governments  of  those  States  by  notifications  in 
their respective Official Gazettes:

Provided  also  that,  when  any  alteration  in  the  course  or  in  the  limits  of  a  public  ferry  is  rendered 
necessary  by  changes  in  the  river,  such  alteration  may  be  made,  by  an  order  under  his  hand,  by  the 
Commissioner  of  the  Division  in  which  such  ferry  is  situate,  or  by  such  other  officer  as  the  State 
Government may, from time to time, appoint by name or in virtue of his office in this behalf. 

5. **Claims for compensation.**—Claims  for  compensation  for  any  loss  sustained  by  any  person  in 
consequence  of a  private  ferry  being  taken  possession  of  under  section  4, shall  be  inquired  into  by  the 
Magistrate of the district in which such ferry is situate, or such officer as he appoints in this behalf, and 
submitted for the consideration and orders of the State Government. 

6. **Superintendence of public ferries.**—The immediate superintendence of every public ferry shall, 
except as provided in section 7 [^3][and section 7A] be vested in the Magistrate of the district in which such 
ferry is situate, or in such other officer as the State Government may, from time to time, appoint by name 
or in virtue of his office in this behalf; 

and such Magistrate or officer shall, except when the tolls at such ferry are leased, make all necessary 
arrangements for the supply of boats for such ferry, and for the collection of  the authorised tolls livable 
threat. 

7. **Management may be vested in municipality.**—The State Government may direct that any public 
ferry  situate  within  the  limits  of  a  town  be  managed  by  the  officer  or  public  body  charged  with  the 
superintendence of the municipal arrangements of such town; 

and thereupon that ferry shall be managed accordingly.

7A. **Management  may  be  vested  in  District  Council  or  District  or  Local  Board.**—The  State 
Government may direct that any public ferry wholly or partly within the area subject to the authority of a 
District Council or a District Board or a Local Board in the State be managed by that Council or Board, 
and thereupon that ferry shall be managed accordingly.

8. **Letting ferry tolls by auction.**—The tolls of any public ferry may, from time to time, be let by 
public auction for a term not exceeding five years with the approval of the Commissioner, or by public 
auction,  or  otherwise  than  by  public  auction,  for  any  term  with  the  previous  sanction  of  the  State 
Government. 

The  lessee  shall  conform  to  the  rules  made  under  this  Act  for  the  management  and  control  of  the 
ferry,  and  may  be  called  upon  by  the  officer  in  whom  the  immediate  superintendence  of  the  ferry  is 
vested, or, if the ferry is managed by a municipal or other public body under section 7 or section 7A, then 
by that body, to give such security for his good conduct and for the punctual payment of the rent as the 
officer or body, as the case may be, thinks fit. 

When the tolls are put up to public auction, the said officer or body, as the case may be, or the officer 
conducting the sale on his or its behalf, may, for reasons recorded in writing, refuse to accept the offer of 
the highest bidder, and may accept any other his, or may withdraw the tolls from auction.

[^3]. Ins. in the application of the Act to— 

The U.P. by the U.P. Local Boards Act, 1883 (14 of 1883), s. 65. 
The Punjab by the Punjab District Boards Act, 1883 (20 of 1883), s. 79. 
The C P. by the C.P. Local Self-Government Act, 1883 (1 of 1883), s. 44; and 
Assam by the Assam Local Self-Government (Amendment) Act, 1926 (Assam 8 of 1926), s. 43. 



9. **Recovery of arrears from lessee.**—All arrears due by the lessee of the tolls of a public ferry on 
account  of  his  lease  may  be  recovered  from  the  lessee  or  his  surety  (if  any)  by  the  Magistrate  of  the 
district in which such ferry is situate as if they were arrears of land-revenue. 

10. **Power to cancel lease.**—The State Government may cancel the lease of the tolls of any public 
ferry on the expiration of six months’ notice in writing to the lessee of its intention to cancel such lease. 

When any lease is cancelled under this  section, the Magistrate of the district in which such ferry is 
situate shall pay to the lessee such compensation as such Magistrate may, with the previous sanction of 
the State Government, award. 

11. **Surrender  of  lease.**—The  lessee  of  the  tolls  of  a  public  ferry  may  surrender  his  lease  on  the 
expiration of  1one month’s notice in writing to the State Government of his intention to surrender such 
lease, and on payment to the Magistrate of the district in which such ferry is situate of such compensation 
as such Magistrate, subject to the approval of the Commissioner, may in each case direct. 

12. **Power to make rules.**—(1) Subject to the control of the State Government, the Commissioner 
of a division, or such other officer as the State Government may, from time to time, appoint in this behalf, 
by name or in virtue of his office, may, from time to time, by notification in the Official Gazette, make 
rules consistent with this Act— 

  (a) for  the  control  and  the  management  of  all  public  ferries  within  such  division  and  for 
regulating the traffic at such ferries; 

  (b) for regulating the time and manner at and in which, and the terms on which, the tolls of such 
such ferries may be let by auction, and prescribing the persons by whom auctions may be conducted;

  (c) for  compensating  persons  who  have  compounded  for  tolls  payable  for  the  use  of  any  such 
ferry when such ferry has been discontinued before the expiration of the period compounded for, and 

  (d) generally to carry out the purposes of this Act; 

  and, when the tolls of a ferry have been let under section 8, such Commissioner or other officer may, 
from time to time (subject as aforesaid), make additional rules consistent with this Act— 

  (e) for collecting the rents payable for the tolls of such ferries; 

  (f) in  cases  in  which  the  communication  is  to  be  established  by  means  of  a  bridge  of  boats, 
pontoons  or rafts,  or  a swing-bridge,  flying-bridge  or  temporary  bridge, for regulating  the  time  and 
manner at and in which such bridge shall be constructed and maintained and opened for the passage 
of vessels and rafts through the same; and 

  (g) in cases in which the traffic is conveyed in boats, for regulating (1) the number and kind of 
such boats and their dimensions and equipment; (2) the number of the crew to be kept by the lessee 
for each boat; (3) the maintenance of such boats continually in good conditions; (4) the hours during 
which,  and  the  intervals  with  in  which  the  lessee  shall  be  bound  to  ply;  and  (5)  the  number  of 
passengers, animals and vehicles and the bulk and weight of other things, that may be carried in each 
kind of boat at one trip. 

  The lessee shall make such returns of traffic as the Commissioner or other officer as aforesaid may, 

from time to time, require. 

(2) Every rule made under this Act by the Commissioner of a division or the officer appointed by 
the State Government shall be laid, as soon as may be after it is made, before the State Legislature.

13. **Private ferry not to ply within two miles of public ferry without sanction.**— Except with the 
sanction of the Magistrate of the district or of such other officer as the State Government may, from time 
to time, appoint in this behalf, by name or in virtue  of his office, no person shall establish, maintain or 
work a ferry to or from any point within a distance of two miles from the limits of a public ferry: 

Provided that, in the case of any specified public ferry, the State Government may, by notification in 
the Official Gazette, reduce or increase the said distance of two miles to such extent as it thinks fit: 

Provided also that nothing hereinbefore contained shall prevent persons plying between two places, 
one of which is without, and one within, the said limits, when the distance between such two places is not 
less  than  three  miles,  or  apply  to  boats which  do  not  ply  for  hire  or which  the  State  Government 
expressly exempts from the operation of this section.

14. **Person using approaches, etc., liable to pay toll.**—Whoever uses the approach to, or landing-
place of, a public ferry is liable to pay the toll payable for crossing such ferry. 

15. **Tolls.**—Tolls, according to such rates as are, from time to time, fixed by the State Government, 
shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and 
not employed or transmitted on the public service: 

Provided  that  the  State  Government  may,  from  time  to  time,  declare  that  any  persons,  animals, 
vehicles or other things shall be exempt from payment of such tolls. 

Where the tolls of a ferry have been let under section 8, any such declaration, if made after the date of 
the lease, shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be 
fixed by the Commissioner of the division or such other officer as the State Government may, from time 
to time, appoint in this behalf by name or in virtue of his office. 

16. **Table of tolls.**—The lessee or other person authorised to collect the tolls of any public ferry shall 
affix  a  table  of  such  tolls,  legibly  written  or  printed  in  the  vernacular  language  and  also,  if  the 
Commissioner of the division so directs, in English, in some conspicuous place near the ferry. 

List of tolls.—and shall be bound to produce, on demand, a list of the tolls, signed by the Magistrate 
of the district or such other officer as he appoints in this behalf. 

17. **Tolls, rents, compensation and fines are to form part of revenues of State.**—All tolls, rents, 
compensation  and  fines  under  this  Act  (other  than  tools  received  by  any  lessee)  shall  form  part  of  the 
revenues of the State.

18. **Compounding for tolls.**—The State Government may, if it thinks fit, from time to time, fix rates 
at which any person may compound for the tolls payable for the use of a public ferry. 

###III.—PRIVATE FERRIES 

19. **Power to make rules.**—The Commissioner of the division may, with the previous  sanction of 
the State Government, from time to time, make rules for the maintenance of order and for the safety of 
passengers and property at ferries other than public ferries. 

20. **Tolls.**—The tolls charged at such ferries shall not exceed the highest rates for the time being fixed 
under section 15 for similar public ferries. 

###IV.—PENALTIES AND CRIMINAL PROCEDURE 

21. **Penalty for breach of provisions as to table of tolls, list of tolls and returns of traffic.**—Every 
lessee or other person authorised to collect the tolls of a public ferry, who neglects to affix and keep in 
good order and repair the table of tolls mentioned in section 16, 

  or who willfully removes, alters or defaces such table or allows it to become illegible, 

  or who fails to produce on demand the list of the tolls mentioned in section 16, and every lessee who 
neglects to furnish any return required under section 12, shall be punished with fine which may extend to 
fifty rupees. 

22. **Penalty for taking unauthorised toll, and for causing delay.**—Every  such  lessee  or  other 
person as aforesaid and any person in procession of a private ferry asking or taking more than the lawful 
toll, or without due cause delaying any person, animal, vehicle or other thing, shall be punished with fine 
which may extend to one hundred rupees. 

23. **Penalty for breach of rules made under sections 12 and 19.**—Every person breaking any rule 
made under section 12 or section 19 shall be punished with imprisonment for a term which may extend to 
six months, or with fine which may extend to two hundred rupees, or with both. 

24. **Concealment of lease on default or breach of rules.**—When any lessee of the tolls of a public 
ferry makes default in the payment of the rent payable in respect of such tolls or has been convicted of an 
offence under section 23, or, having been convicted of an offence under section 21 or section 22 is again 
convicted of an offence under either of those sections, 

the Magistrate of the district may, with the sanction of the Commissioner of the division, cancel the 
lease of the tolls of such ferry, and make other arrangements for its management during the whole or any 
part of the term for which the tolls were let. 

25. **Penalties on passengers offending.**—Every  person  crossing  by  any  public  ferry,  or  using  the 
approach to, or landing place thereof, who refuses to pay the proper toll, and every person 

  who,  with  intent  to  avoid  payment  of  such  toll,  fraudulently  or  forcibly  crosses  by  any  such  ferry 
without paying the toll, or 

  who obstructs any toll-collector or lessee of the tolls of a public ferry, or any of his assistants, in any 
way in the execution of their duty under this Act, or 

  who, after being warned by any such toll-collector, lessee or assistant not to do so, goes or takes any 
animals, vehicles or other things into any ferry-boat, or upon any bridge, at such a ferry, which is in such 
a state or so loaded as to endanger human life or property, or 

  who refuses or neglects to leave, or remove any animals, vehicles or goods from, any such ferry-boat 
or bridge, on being requested by such toll-collector, lessee or assistant to do so, shall be punished with 
fine which may extend to fifty rupees. 

26. **Penalty for maintaining private ferry within prohibited limits.**—Whoever  establishes, 
maintains  or  works a  ferry  in contravention  of  the  provisions  of  section  13 shall  be  punished  with  fine 
which  may  extend  to  five  hundred  rupees,  and  with  a  further  fine,  which  may  extend  to  one  hundred 
rupees  for  every  day  during  which  the  ferry  is  maintained  or  worked  in  contravention  of  those 
provisions.

27. **Fines payable to lessee.**—Where the tolls of any public ferry have been let under the provisions 
hereinbefore contained, the whole or any portion of any fine realised under section 25 or section 26 may, 
notwithstanding  anything  contained  in  section  17,  be  at  the  discretion  of  the  convicting  Magistrate  or 
Bench of Magistrates, paid to the lessee. 

28. **Penalty for rash navigation and stacking of timber.**—Whoever navigates, anchors, moors or 
fastens any vessel or raft, or stacks any timber, in a manner so rash or negligent as to damage a public 
ferry,  shall  be  punished  with  imprisonment  for  a term  which  may  extend  to three  months,  or  with fine 
which may extend to five hundred rupees, or with both; and the toll-collector or lessee of the tolls of such 
ferry  or  any  of  his  assistants,  may  seize  and  detain  such  vessel,  raft  or  timber  pending  the  inquiry  and 
assessment hereinafter mentioned. 

29. **Power  to  arrest  without  warrant.**—The  police  may  arrest  without  warrant  any  person 
committing an offence against section 25 or section 28. 

30. **Power to try summarily.**—Any Magistrate or Bench of Magistrates having summary jurisdiction 
under Chapter XVIII of the 1Code of Criminal Procedure may try any offence against this Act in manner 
provided by that Chapter. 

31. **Magistrate may assess damage done by offender.**—Every Magistrate or Bench of Magistrates 
trying any offence under this Act may enquire into and assess the value of the damage (if any) done or 
caused by the offender to the ferry concerned, and shall order the amount of such value to be paid by him 
in addition to any fine imposed upon him under this Act; and the amount so ordered to be paid shall be 
leviable as if it were a fine, or when the offence is one under section 28, by the sale of the vessel, raft or 
timber causing the damage and of any thing found in or upon such vessel or raft. 

  The Commissioner of the division may, on the appeal of any person deeming himself aggrieved by an 
order under this section, reduce or remit the amount payable under such order. 

###V.—MISCELLANEOUS 

32. **Power to take possession of boats, etc., on surrender or cancellation of lease.**—When  the 
lease of the tolls of any ferry is surrendered under section 11 or cancelled under section 24, the Magistrate 
of the district may take possession of all boats and their equipment, and all other material and appliances, 
used by the lessee for the purposes of such ferry, and use the same (paying such compensation for the use 
thereof as the State Government may in each case direct) until such Magistrate can conveniently procure 
proper substitutes therefor. 

33. **Similar power in cases of emergency.**—When any boats or their equipment, or any materials or 
appliances suitable for setting up a ferry, are emergently required for facilitating the transport of officers 
or troops of the Government of India on duty, or of any other persons on the business of Government, 
or of any animals, vehicles or baggage belonging to such officers, troops or persons, or of any property of 
Government,  the  Magistrate  of  the  district  may  take  possession  of  and  use  the  same  (paying  such 
compensation for the use thereof as the Central Government (where the transport is in connection with 
the affairs of the Central Government) and the State Government in other cases may in each case direct) 
until such transport is completed. 

34. **Jurisdiction of Civil Courts barred.**—No  suit  to  ascertain  the  amount  of  any  compensation 
payable, or abatement of rent allowable under this Act shall be cognizable by any Civil Court. 

35. **Delegation of powers.**—The  State  Government  may,  from  time  to  time,  delegate,  under  such 
restrictions as it thinks fit any of the powers conferred on it by this Act to any Commissioner of a division 
or Magistrate of a district, or to such other officer as it thinks fit, by name or by virtue of his office. 

36. *[Validation  of  proceedings  since  repeal  of  Regulation  VI  of  1819  in  Punjab].—Rep.  by  the 
Repealing and Amending Act, 1891 (12 of 1891), s. 2 and the First Schedule, Pt. I.*